TERMS & CONDITIONS OF USE/LEGAL STATEMENT
IMPORTANT! Please carefully read the following terms and conditions ("Terms") governing your use (including access, browsing and/or use of any interactive features) of those portions of the Bespoke Entertainment Solutions website accessible at www.bespokesolutions.co.za, as well as and including any other Bespoke Entertainment Solutions websites or web pages accessible through the Bespoke Entertainment Solutions website or other promotional websites Bespoke Entertainment Solutions hosts or sponsors such as minisites or pages on third party social networking services, directed at global consumers, including those portions of the Bespoke Entertainment Solutions website accessible by going to www.bespokesolutions.co.za.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU (SEE “AGREEMENT TO ARBITRATE DISPUTES” BELOW). THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
2. OWNERSHIP RIGHTS/USE OF SITES MATERIALS
Bespoke Entertainment Solutions (Pty) Ltd. and/or its worldwide affiliates (“BES”) own all right, title and interest in and to the Sites and/or own the content and applications on the Sites (including on social network websites). Bespoke Entertainment Solutions owns all copyrights for all material on the Sites or has a valid right from a third party to use the material on the Sites. Bespoke Entertainment Solutions also owns all trademarks, service marks, trade names, logos and domain names used on or in connection with the Sites or has a valid right from a third party to use any such material. Any modification or use of the materials from the Sites for any purpose not explicitly permitted is a violation of Bespoke Entertainment Solutions’s copyright and other proprietary rights. No part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of Bespoke Entertainment Solutions. This prohibition also includes framing any content from the Sites, as well as unauthorized linking.
3. DISCLAIMER/LIMITATION ON LIABILITY
Bespoke Entertainment Solutions is not responsible for third party websites that link to or from the Sites. Bespoke Entertainment Solutions does not endorse any such sites or the goods or services offered on such sites. Bespoke Entertainment Solutions disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. Bespoke Entertainment Solutions shall not be held liable or responsible for the content of any sites that link to or from the Sites.
5. ACCURACY OF INFORMATION
Bespoke Entertainment Solutions takes reasonable steps to ensure the accuracy of the information included in the Sites. However, Bespoke Entertainment Solutions takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.
When applicable, prices displayed on the South African portion of the Bespoke Entertainment Solutions website are shown in South African Rand and do not include taxes. Prices are provided for informational purposes and are not binding. The price displayed is based on such jurisdiction as inferred from your computer IP address. Prices remain subject to change without notice.
7. NO WAIVER
The failure on the part of Bespoke Entertainment Solutions to enforce any part of these Terms shall not constitute a waiver of any of Bespoke Entertainment Solutions’s rights hereunder for past or future actions.
By submitting a question, comment, communication or other content (“Statement”) to bespokesolutions.co.za (the “Site”), you hereby grant Bespoke Entertainment Solutions the perpetual, worldwide right and permission to use, post and repost your Statement, in whole or in part, either alone or accompanied by other material, with or without with your name, for any purpose whatsoever, including advertising, promotion or trade, in any media now known or hereafter invented, including, but not limited to, any and all Internet media (including the Site and any other Bespoke Entertainment Solutions websites and applications, third party sites, and social networking sites), in all forms of print, point-of-sale and publicity materials (e.g., press releases) and in Bespoke Entertainment Solutions’s email marketing campaigns and newsletters. You warrant and represent that all of the Statements you have made regarding Bespoke Entertainment Solutions and/or its products are true and accurately reflect your honest opinion of and experience with Bespoke Entertainment Solutions and its products. You have made the Statements without any prior payment or promise of payment, or any other benefit having been made to me and without any expectation by you of any payment or benefit in return. You agree to notify Bespoke Entertainment Solutions immediately if any of the Statements no longer represent your true and honest experience and opinions. You further warrant and represent that you are not an employee of Bespoke Entertainment Solutions nor are you a paid spokesperson for Bespoke Entertainment Solutions. You agree that the Statements made by you may be used in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form to meet the requirements of copy or layout, provided that the general sense is not changed. You further agree that the Statements made by you may be modified and/or altered by Bespoke Entertainment Solutions to remove any store names and/or personally identifiable information or other sensitive information about yourself or others. Bespoke Entertainment Solutions expects all of its users to be respectful of other people. Your Statement will not be posted if it violates the following guidelines (“Guidelines”) which prohibit any Statement that contains any of the following types of content:
- Obscenities, discriminatory language, or other language not appropriate for this Site or any public forum.
- Advertisements, 'spam' content, or references to other products, offers, or websites.
- Any content or materials which you do not own and/or are otherwise infringing or for which you have not secured all necessary rights.
- Email addresses, URLs (bespokesolutions.co.za ok), phone numbers, physical addresses, or other forms of contact information
- Comments that harass, abuse, disparage, and/or defame another person or entity, including any other authors who post to this Site or any of their comments.
- Discussion of medical conditions or claims of medical effectiveness.
- Content that is false or misleading.
- Content that is unlawful or promotes unlawful activities.
Bespoke Entertainment Solutions will make all determinations as to what Statements are appropriate for this Site and in compliance with these Guidelines in its sole discretion.
9. BES TEXT PROGRAM TERMS & CONDITIONS AND CONSENT TO USE OF ELECTRONIC RECORDS
By agreeing to receive Bespoke Entertainment Solutions text messages, you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Autodialed messages are text messages and calls Bespoke Entertainment Solutions dials using equipment that can dial numbers that are stored or produced by random or sequential number generators. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the Bespoke Entertainment Solutions text list you must text STOP in response to a Bespoke Entertainment Solutions text message or contact customer care at +27 651 279 656, 7 days a week from 8:00 a.m. to 8:00 p.m. Central African Time or firstname.lastname@example.org. After texting STOP you may receive one additional message confirming that your request has been processed. In the event that you change or deactivate your mobile number it is your responsibility to notify Bespoke Entertainment Solutions at +27 651 279 656, 7 days a week from 8:00 a.m. to 8:00 p.m. Central African Time or email@example.com to have your number removed.
You also agree to the use of electronic documents and records by BES. Moreover, by consenting to receive text message ads from Bespoke Entertainment Solutions, you further agree that Bespoke Entertainment Solutions may use electronic documents and records when obtaining your consent to receiving Marketing Communications. You agree that the use of electronic records satisfies any legal obligations Bespoke Entertainment Solutions has to provide information about your consent to you in writing. If you do not agree to this, you should not agree to the terms. You have the right to receive a paper copy of all documents that Bespoke Entertainment Solutions is legally required to deliver to you in writing. You can 1) request a paper copy of such documents, including the agreement to receive autodialed text messages from Bespoke Entertainment Solutions; 2) withdraw your consent to the use of electronic records; or 3) update your contact information by calling Bespoke Entertainment Solutions a at +27 651 279 656, 7 days a week from 8:00 a.m. to 8:00 p.m. Central African Time or firstname.lastname@example.org or updating your information at bespokesolutions.co.za.
You must have certain equipment and software in order to receive the electronic records associated with your consent to receiving text message ads from Bespoke Entertainment Solutions. You will need either a web browser equivalent to what you are now using to view this web page or at least Explorer 11.0, Firefox version 60.0 or later, Google Chrome version 66.0 of later, Safari version 11.0 or later, or an equivalent browser. You will need computer hardware and software that is required to run the particular browser. To retain your records, you must have computer hardware and software capable of saving the web page viewed by your web browser. You may also print the records if you have a printer and appropriate hardware and software for printing pages viewed by your browser. In registering your consent online, you are indicating your signature to and acceptance of these terms and the consent to the use of electronic records as well as confirming that you have equipment meeting the above receipt, access, and retention requirements.
The limitation of liability described in section 3 above, the Agreement to Arbitrate Disputes described in section 10 below, and the Severability provisions described in section 11 below, all apply to Bespoke Entertainment Solutions’s text messaging activity. PLEASE REVIEW THESE PROVISIONS CAREFULLY. _____________________________________________________________________________________
10. AGREEMENT TO ARBITRATE DISPUTES WE BOTH AGREE TO ARBITRATE.
NO CLASS ACTIONS.
The arbitration before the AFSA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Bespoke Entertainment Solutions alone. Claims may not be joined or consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, OR A CLASS ACTION. If you initiate a litigation or any other proceeding against Bespoke Entertainment Solutions in violation of this paragraph, and Bespoke Entertainment Solutions is the prevailing party in any such litigation or proceeding, you agree to pay Bespoke Entertainment Solutions’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
EXCEPTIONS TO ARBITRATION.
This Agreement to Arbitrate shall not require arbitration of the following types of Covered Disputes
(1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction;
(2) a representative action brought on behalf of others under private attorneys general acts.
OPT-OUT OF AGREEMENT TO ARBITRATE.
You can reject this Agreement to Arbitrate by emailing Bespoke Entertainment Solutions at email@example.com and providing the requested information as follows:
(1) Your Name;
(2) the URL of the Terms and Agreement to Arbitrate Disputes;
(3) Your Address;
(4) Your Phone Number;
(5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the Bespoke Entertainment Solutions Sites.
THIS LEGAL STATEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF SOUTH AFRICA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in this Legal Statement, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state, provincial and federal courts located in or closest to Gauteng Province. You agree not to raise the defense of forum non conveniens.11. Severability If any term of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation. _____________________________________________________________________________________
BY USING THE SITES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE TERMS & CONDITIONS OF USE.
LAST UPDATED: April 2020
Bespoke Entertainment Solutions, 2020 All Rights Reserved